How does small claims court handle appeals?
In South Dakota, small claims court handles appeals in much the same way as the regular court system. After a small claims court ruling has been issued, an aggrieved party may file an appeal to the Circuit Court in their county of residence. This appeal must be filed within 30 days of the ruling, and the Circuit Court must then schedule a hearing. During the hearing, the appellant must present evidence that the small claims court ruling was either erroneous or unjust. If the Circuit Court agrees, it can reverse the ruling. The Circuit Court may order the small claims court to reconsider the ruling, and if the outcome of the reconsideration is not satisfactory, the Circuit Court may reverse the ruling and issue its own judgment. The Circuit Court can also find in favor of the appellant without ordering a reconsideration, if it finds that the small claims court ruling was not just. It is important to note that appeals in small claims court are not as common as in regular court cases. Usually, small claims court rulings are final and binding, so unless an appellant is able to present compelling evidence that the ruling is unjust or erroneous, the Circuit Court will not overturn the ruling.
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